Connect with us

Middle East

Iran Deal – judgments based on the language of the public JCPOA

Published

on

The Joint Comprehensive Plan of Action (JCPOA) – the title of the nuclear agreement between Iran and six powers, among which the United States – presents a few obvious points have been missed in most news coverage of this plan of action.

First, the agreement is not a non-proliferation agreement. It is an agreement that approves limited proliferation of nuclear technology. This characterization means that the US and others states surrendered or abandoned their longstanding position of banning any Iranian nuclear program, peaceful or not.

It also is not a nuclear containment agreement. At most, it postpones some aspects of Iranian nuclear infrastructure development. In other areas, Iran can continue to develop and modernize to keep up with technology. At the end of 15 years at most, Iran has no more restrictions on its nuclear program, with the approval of the UN and the other powers, by implication.

This compromise of the longstanding programmatic ban for Iran is curious because that remains the US objective for North Korea. The US insists that North Korea, which already has nuclear weapons, must dismantle its nuclear program, not just its weapons program. That is the premise of the Six Party Talks.

The difference in the negotiating positions is even stranger because the Iranian and North Korean weapons programs appear to be essentially variants of the same program. The North Korean variant is more advanced. Nevertheless, North Korea has assisted Iran’s ballistic missile programs since the Iraq-Iran War. Iranians have been reported as observers at North Korean missile and nuclear tests. The cooperation continues as does the North Korean program.

The second point is that it is a very one-sided deal. It lacks mutuality. By an overwhelming margin the burden of performance is on the UN, the European Union and the US. Its economic implications far exceed its nuclear restrictions. From the Iranian viewpoint, the JCPOA is primarily an economic agreement.

In return for some reduction in the Iranian nuclear programs, the UN and the US will remove the entire architecture of sanctions imposed by any party on any Iranian party. In addition, they will allow Iran to buy and sell conventional weapons and they will help Iran get access to trade, technology, finance and energy. According to the text, this is one paragraph in which Iran “agreed” to the actions by the UN and the US.

One of the implications of this is that Iran stands to emerge quickly as a regional economic power. Using Germany as a model, that condition is far more enduring and consequential than a delayed nuclear program. Once Iran’s economy starts to rebound, it will be free from the threat of sanctions to ensure compliance. There is no credible enforcement mechanism.

A third point is that the text is a plan of action, as it is entitled. Significant by their absence in the text are the words “promise” and “agree” which are the cornerstones of enforceable agreements. The text uses the formulation that the parties “will” do things. Those could all be done independently or not. There is no bargain evident.

An enforceable agreement is an exchange of promises of performance. A plan of action implements those promises. The performance of one party is conditioned on the performance by the other party, by the language of the agreement. The terms of the JCPOA are independent.

This plan of action implements no agreement because no such document exists. An agreement can be implied from the language of the plan, but the language must establish a “meeting of the minds.”

Fourth, a strong argument can be made that there is “no meeting of the minds,” a classic term of contract law that is the basis for every agreement. The awkwardness of the structure makes clear that the intentions of the parties are not congruent and the goals are even farther apart.

Fifth, the JCPOA text contains no definition of terms, such as explanations for the various time terms. A plan of action requires some agreed definitions of terms. One plausible theory for a ten year time period, for example, is that Iranian strategists might have concluded that Iran faces no existential threat for at least a decade, as long as Iran did not provoke a regional nuclear arms race.

They also might have judged that after ten years Iran must be prepared for an even more uncertain strategic environment than the present. If this theory is accurate, Iran gave up little in return for a chance to be the regional economic hegemon. The emergence of an economically powerful Iran would alter strategic power relationships.

Finally, the six powers did not include a term requiring Iran to affirm or promise that it possesses or has access to no nuclear weapons now, in Iran or elsewhere. That seems to be a significant omission in crafting. If Iran already has nuclear weapons, the JCPOA would be a strategic victory for Iran.

Assuming Iran abides by the JCPOA to the letter, the JCPOA will empower Iran economically and that will shift the balance of power in the region, regardless of the nuclear program. The Iranians do well to celebrate.

Continue Reading
Comments

Middle East

China-Iran Deal and its implication for the region

Ashish Dangwal

Published

on

From the past few years, the increasing partnership between China and Iran has raised major concerns among many countries. Sinking economy and the recent COVID crisis pushed Iran into the corner and China timely manifested itself as a perfect partner for Iran. The diplomatic ties between these two countries were established in 1971 and over the years China’s demand for energy and Iran’s isolation from the international community brings them together. The recent investment and security pact covered almost every sector from Telecom, banking, ports, railways and dozens of other projects. Though the secret details of the pact were leaked but soon rejected by Iranian officials.

In 2016, Xi Jinping made a state visit to Iran and then laid the structure of this deal. Soon after in 2019, China announced its plan to invest $ 400 billion. Iran’s economy is suffering greatly because of the U.S.A sanctions and needs a lifeline to revive their domestic market. Where one side, most of the companies from different nations pulled out their businesses from Iran, On the other hand, Chinese investment can play a significant role in Iran’s survival. This partnership between these two nations directly challenges U.S.A efforts to cut off Iran from the international market arena. China’s ever-growing aspirations to increase its involvement in the Middle East perfectly sync with the geostrategic location of Tehran. However, Iran’s ambition to become a regional power needs huge investment in its domestic market. That’s where both countries see themselves as an emerging partner. 

China-Iran Economic Relationship

As a growing economy, China dependence on Iran’s oil is quite reasonable. Though this relationship is not just based on the energy, but even on the many different aspects. After 2016, China and Iran were agreed to increase their trading relations to $600 billion in the upcoming 10 years. The agreement was concordant with One Belt, One Road framework. A total of 17 agreements were signed, including one which relates to the Iran nuclear programme. The Chinese will help connect Tehran with Mashhad via their high-speed rail technology.  After the sanctions levied by the USA and other western countrieson Iran, its dependence on China increased in recent years. The trading relationship is not only limit to purchase of crude oil but even China’s involvement inIran’s upstream and downstream production processes through major investments.From 2005, both countries signed seven upstream production agreement with each other. All these agreements involve the state-owned Chinese companies, which shows the significant presence of China in Iran.

China-Iran-Syria Nexus

In December 2019, Syrian president while giving an interview to a Chinese media expressed his willingness to join the BRI project and projected Syria as a perfect partner for the Chinese investment. Syria suffered a lot because of the decades of war and wanted to start the reconstruction activities in their country. Iran and China identified themselves as the ally of Syria and they even wanted to make a strategic nexus between these countries. For the reconstruction process, China is helping Syria from Port of Tripoli by setting up it as a logistic base for the reconstruction process. China wanted to link this port with Syria’s “Four sea strategy” and connect the BRI project to the eastern Mediterranean area. This whole economic bloc could challenge the American hegemony in the region. Iran and Syria are already strategic allies in this region and by adding China in this situation, it would promote the autocratic rule in the region to counter America.

The implication for the Region

Trump administration’s ‘maximum pressure’ policy towards Iran pushed many countries like India and Japan to cut off the trading ties with Tehran. This was seen as the major diplomatic blunder made by the U.S.A because of the one very simple reason that these countries could play a major role to find the middle ground for the talks between Iran and the west.As claimed by the reports, China will increase its partnership to build the ports too, getting a port in the Persian Gulf will provide the major boost to Chinese strategic plans. If China successfully expands its presence in Iran then it will lead to the major conflict between the U.S.A and China. Though China has already invested heavily on the Gwadar port, it will not hesitate to gain an upper hand in the Persian Gulf. From where Beijing can keep its eye on U.S.A movements in the region. India’s investment progress in Iran was slow and that’s the reason recently Iran started the railway track construction work on its own.

The growing instability in the region will further escalate, as the partnership will grow between these countries. China’s ambitions to expand its BRI projects and Syria’s “Four seas strategy” can become a foundation for future projects in the whole region. Syrian President Bashar Assad has promoted this four seas strategy since 2009 that would transform the Damascus into a major trading hub. Syria wanted to form an economic space between Iran, Iraq, Turkey and Syria that will shape a new bloc of nations in the region. This plan includes the four seas of the region from the Mediterranean, Caspian, Black Sea, and the Persian Gulf, which makes easy for these nations from investment to transportation. 

The expanding partnership will lead to the architecture of a security structure between these three countries and will directly undermine the U.S.A presence in the region. The gradual consolidation of powers based on Anti-American and Anti-west sentiments can even form a proper security alliance where the inclusion of Turkey would be a possible scenario shortly. All these countries kind of having the same political regime one way or another, so for them it will be a great strategy to stop America’s presence from their domestic issues. If U.S.A wants to stop China’s involvement in the region, it needs to involve its key Asian partner, so that there will be some major power players in the region to maintain stability. 

Continue Reading

Middle East

Are The U.S. And Its Partners Losing The Grip On Syria’s North East?

Published

on

The oil-rich province of Deir Ezzor located in Eastern Syria has witnessed another escalation between the local Arab populace and the Kurdish-dominated Syrian Democratic Forces (SDF). Unexpectedly for the SDF and the U.S. military, the protesters have established control over a number of towns, and it seems they are willing to go further.

Sources close to the SDF initially reported that the protesters limited their demands by requesting a solution to a number of minor issues, but soon enough it became evident that it was not the case and the issue – and a major one – was the presence of SDF in the area. The demonstrators were quick to turn from chanting slogans to taking control of towns: in a single day they captured all of Shuhayl, Al-Hawayej, Diban and forced the SDF members to leave before blocking the roads.

The protests were sparked by a series of assassinations of influential leaders of Al-Aqidat and Al-Baqara tribes. Three Deir Ezzor sheikhs were killed in less than a week: Sheikh Suleiman Khalaf al-Kassar from Al-Aqidat was shot in Busayra village July 30. The next day Sheikh Suleiman Al-Weis who belonged to Al-Baqara was shot in the head by two gunmen on a motorcycle in Al-Dahla. Finally, Sheikh Muttshar al-Hamoud al-Hifl was shot in the outskirts of Al-Hawayej on Sunday, August 2. His relative Sheikh Ibrahim al-Hifl was also wounded in the incident but survived.

In a peculiar coincidence, a few weeks before the assassinations the tribal leaders were invited to a meeting with the SDF Commander Mazloum Abdi with the U.S. servicemen also present. The agenda reportedly included co-operation between the tribes and the SDF. It was reported that at least one of the victims, Muttshar al-Hifti, declined to participate and to engage with the Americans.

An insight into the details of these meetings can be gained through the reports about an oil deal allegedly struck by the SDF and a little known American oil developer Delta Crescent LLC. Delta Crescent was granted exclusive rights for production, refinement and export of the oil from Deir Ezzor fields potentially bringing the participants annual profit of hundreds of millions dollars, according to statements made by U.S. officials. The deal was met with harsh response from the Syrian government who labeled it a “deal between thieves”.

According to sources on the ground, the implication is that those who fell victim to the assassinations shared this view and opposed the deal. Their removal, however, has clearly failed to deliver the results intended by the masterminds behind their deaths, yet another time when the Kurds were thrown to the wolves by the U.S. who is accustomed to making their allies bear the consequences of the reckless pursuit of the American interests.

Meanwhile the SDF started to amass forces in the vicinity of the areas shaken by the unrest. The reinforcements sent from Al-Shadadi, Al-Sousa and Baghuz are gathering at the US military base near Al-Omar oil field. Moreover, two US Apache attack helicopters were spotted patrolling the area. These developments combined with lack of report on any negotiations between the protesters and the SDF leadership paint a grim picture, indicating that the SDF likely intends to use force to disperse the protests.

It is not the first time the SDF resorts to the use of force when faced with the discontent of the local populace in north-eastern Syria, although this approach had never brought the desired result. All areas affected by the protests have been subjected to dozens of raids of the SDF and the US special forces. Reports on these operations unfailingly mentioned arrests of ISIS terrorists. They failed to mention, however, what the Pentagon files under the category of “collateral damage” – deaths of civilians killed in the result of the actions of the US military and their allies.

The upheaval in Deir Ezzor is yet another evidence that the SDF, initially an independent movement, has degraded to a tool or a lever of American influence in Syria, and now finds itself fighting consequences instead of locating the root cause of the unrest – widespread corruption among the officials of the Kurdish administration and dramatic deterioration of the living conditions.

The regional turbulence created by Washington’s constantly shifting stance – or rather a lack of stance – on Syria has grown so strong it finally turned against the American interests. The latest escalation in Deir Ezzor should be considered nothing but a byproduct of this ill-designed policy and, perhaps, marks a beginning of the end of the US and SDF hegemony in Syria’s North East.

Continue Reading

Middle East

The Looming Disaster of the Safer Oil Tanker Moored off the Coast of Yemen

Amb. Sahar Ghanem

Published

on

Amidst the raging conflict in Yemen, the challenge of the Safer Oil Tanker emerges as one of the most hazardous risks to the environment safety in the Red Sea as a result of the potential oil spillage in the Red Sea at any moment.

Following expressing deep alarm, the United Nations Security Council called on 29 June,2020, to immediately grant unconditional access for the United Nations technical experts to assess the tanker’s condition without overdue to prevent growing risk of possible rupture, explosion or even spillage.

The threat of the floating Oil Tanker, moored off the coast of Yemen, does not only impose challenges to the geopolitical and strategic importance of the Red Sea, but it rather represents a huge challenge that threatens the environment safety, leading to one of the largest environmental hazards in the world, after the unforgettable 1989 Exxon Valdez oil spill disaster in Siberia – Russia.

On 18 July 2019, the United Nations Humanitarian Affairs Coordinator Mr. Mark Lowcock informed the UN Security Council of the growing threats of the deserted Safar Oil Tanker, warning of possible explosion or leakage of its loads [1.14 M barrels of crude oil]. In his briefing on the humanitarian situation in Yemen, he pointed out that such an incident would result to a disastrous crisis to the marine life in the Red Sea and maritime in the straits of Bab-Al Madeb and Suez Canal which are two significant water corridors to the world.

It is known that the Red Sea is home for some scarce invertebrates such as corals and 600 species of fish. Unless preventative measures are taken now and immediately to prevent oil spill or possible tanker explosion, we will concretely witness a disastrous incident leading to severe effect on the Red Sea marine environment, and on both biodiversity and livelihoods starting from Yemen and extending north to Suez Canal through Jobal strait and the Gulf of Suez and south through Bab-Al Madeb strait reaching even Hormoz strait through the Arabian sea.

Environment experts’ projections expect that 115 islands are vulnerable to the risk of oil pollution; 126,000 fishermen will lose their source of income, among them 76,000 fishmen are in Al Hodeidah governorate; 850 tons of fish stocks will be exposed to the danger of contamination and death in Yemen, in the Red Sea and in Bab Al-Mandam; more than 500 fish species are at high risk of disappearing; and 300 corals will certainly disappear as a result.

The problem emerged following the takeover of the Capital Sanaa on 21 September 2014, when Houthi militias implemented unilateral actions inter alia dissolving parliament and taking over Yemen’s government institutions, which have seriously escalated the situation, leading to illegitimate seizure of power “coup d’etat”, and eventually leading to current conflict in Yemen.

The floating storage and its connected offloading terminals have not been inspected or maintained since 2015 after Houthis militias took control of the area including port of Ras Isa to which the floating tanker is connected by terminals extending 9km off the coast of Yemen.

Yemen’s internationally-recognized government has warned in many letters of evident corrosion and lack of maintenance, creating the conditions for serious environmental disaster. The Yemeni government made an urgent call for the UN to send inspection team to scale the risks.

Unfortunately, the UN inspection team was denied access to the floating tanker by the Houthi militias many times. The UN inspection team is tasked with the mission to provide the necessary inspection and put recommendations for the needed maintenance and continuing to create obstacles will refrain the team from reaching the tanker and delivering the urgent inspection.

Lately, the Government of the Republic of Yemen repeated asserting the urgent emergency of the imminent catastrophe of the floating “Safer Oil Tanker”. The government confirmed that “given the critical nature of the aging floating tanker’s situation, on 27 May 2020 leaks have been reported in the tanker causing water leaked into the tanker’s operational machineries raising the possibilities of the tanker rupturing, sinking or even exploding.

Despite urgent fixing of leaking occurred, the deteriorating situation of the tanker threatens continuing eroding. As a result, on 15 July 2020, the UNSC held a session to debate latest urgent developments and called for urgent response to be taken by the Houthi militias as required by the inspection team. It is worth mentioning that the Houthis always show willingness to accept the inspection team just like the assurances made by the Houthis in August 2019 only to be withdrawn right before the inspection team was due to board the tanker.

The Yemeni government has always approved all relevant initiatives recommended by the UN to allow addressing the serious matter and proposing necessary urgent solutions to the Safer oil tanker, as part of the responsibility to the humanitarian and economic measures proposed by the office of the UN Special Envoy Mr. Martin Griffiths and as part of its responsibility to building and sustaining environment safety; however, the Houthi militias continue refusing to allow permissions to the UN inspection team to visit the oil tanker, noting that the situation of the Safer oil tanker is becoming extremely critical more than ever, causing increasing threats of possible oil spillage, tanker sinking and explosion at any moment.

In conclusion, the Safer Oil Tanker is a floating time-bomb and allowing inspection and maintains is the only possible means that will stop a serious catastrophe from happening. If incidents of explosion or even oil spill occur, that will lead to one of the worst man-made environmental disasters in the Red Sea. Action must be taken immediately while we have in hand an opportunity to protect the environments and spare the lives of millions of people in Yemen and the region from a looming tragedy.

Continue Reading

Publications

Latest

Defense2 hours ago

The Credibility of Deterrence is Indispensable

In India and Pakistan’s Strategic affairs, the key challenge to Deterrence Stability is India’s inexorable strategic aims. That negates the...

Newsdesk4 hours ago

Pandemic poses fresh challenges for vulnerable migrant workers in Middle East

Amidst reports that many migrant workers in the Middle East are being made destitute, due to an economic crisis exacerbated...

Human Rights6 hours ago

Violence in Sudan’s Western Darfur forces 2,500 into Chad

Recent clashes in Sudan’s Western Darfur region has driven more than 2,500 people across the border into neighbouring Chad, the...

Southeast Asia8 hours ago

Asia’s New Geopolitics- Book Review

In Asia’s New Geopolitics: Essays on Reshaping the Indo-Pacific, Michael R. Auslin presents a series of essays touching on major...

South Asia10 hours ago

The Power Competition between Liberals and Conservatives in Pakistan

There is competition between the two sections of society in Pakistan. Their ideologies, ideas and agendas are essentially conflictual in...

New Social Compact12 hours ago

Iranian regime: Male Gods and Oppressed Women

The patriarchal world was formed as a result of several historical processes. These ancient processes served to dominate men, denying...

Central Asia14 hours ago

Discourses and Reality of New Great Game: Particularly focus on Kazakhstan

The “New Great Game” became a much-debated term of current events in the region. Currently, the analogy of “great powers”...

Trending